Document Text Contents
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LIFE STORY RIGHTS AGREEMENT
THIS AGREEMENT, effective as of _________, ____, is made by and between
________________ [name of producer] (“Producer”) whose address is [PHYSICAL ADDRESS]
and ________________ [name of owner] (“Owner”) whose address is [PHYSICAL ADDRESS]
concerning the Owner’s life story. The following terms and conditions shall apply:
1. DEFINITION OF LIFE STORY: For purposes of this Agreement, “Life Story” shall mean
the irrevocable, exclusive, perpetual and universal rights to use Owner’s name, likeness,
sobriquet, voice, and biography; depict, portray, impersonate or simulate Owner in any way
whatsoever, and make use of all the incidents of Owner’s life preceding, surrounding, following
and otherwise in any way relating to incidents about the Owner’s life that the Producer deems in
its sole discretion necessary or appropriate to produce one or more motion pictures, whether
wholly or partially factual or fictional; and use any and all information and materials in Owner’s
possession or under Owner’s control, which Owner shall, at Producer’s request, disclose and
provide to Producer freely, completely and candidly, in such forms as, without limitation, copies
of any newspapers or magazine clippings, photographs, transcripts, journals, notes, recordings,
home movies, videotapes or other physical materials relating to Owner’s life story and all
Owner’s thoughts, observations, recollections, reactions and experiences surrounding, arising out
of, or concerning all those events, circumstances and activities relating to Owner’s life story (all
the aforementioned rights hereinafter collectively referred to as “Life Story”).
2. GRANT OF OPTION: In consideration of the mutual promises contained herein, and the
payment to Owner of ____________ ($___), receipt and sufficiency of which is hereby
acknowledged, Owner hereby grants to Producer for twelve (12) months from and after the
effective date of this Agreement (the “Option Period”) the exclusive, irrevocable right and option
(the “Option”) to acquire the exclusive rights as set forth in paragraph 5 in and to the Life Story,
as defined above.
3. EXTENSION/EXERCISE OF OPTION: Producer shall have the right to extend the Option
Period for one (1) period of twelve (12) months by sending notice to Owner prior to the
expiration of the previous period, along with an additional payment of _____________ ($____).
Producer may exercise this Option at any time during the Option Period, as it may be extended,
by giving written notice of such exercise to Owner. The sums paid under this Agreement, with
respect to the initial and extended Option Period, shall be credited against the first sums payable
as compensation under the terms of the Compensation clause below. If Producer fails to exercise
this Option, then the sums paid to Owner hereunder shall be and remain the sole property of
Owner.
4. PENDING EXERCISE OF OPTION: Producer shall have the right to prepare screenplays,
budgets, teleplays, treatments or other material, and engage in other customary development and
preproduction activities. It is understood that if the Option is not exercised, Producer shall have
no further right in and to the Life Story, but Producer shall own all rights of every kind in and to
material Producer prepared.
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9. COMPENSATION: As full consideration for all rights, licenses, privileges, waivers and
property herein granted, and for all warranties, representations and covenants herein made by
Owner, Producer agrees to pay Owner as follows:
(a) Guaranteed Compensation: An amount equal to [1½%–2½%] of the final locked
budget of the picture (excluding interest, book completion, bond, and
contingency) with a floor of fifty thousand dollars ($50,000) and a cap of one
hundred and fifty thousand dollars ($150,000), payable upon the earlier of
exercise of the Option or commencement of principal photography of the first
motion picture produced hereunder.
(b) Remakes and Sequels: In the event Producer, or a successorininterest, produces
any sequel and/or remake feature motion picture based on the first motion picture
produced hereunder, Owner will be paid an amount equal to fifty percent (50%)
of the amounts payable to Owner pursuant to the paragraph above in connection
with each such sequel and/or remake.
10. CREDITS: The Owner shall be entitled to receive the following screen credit in the main
titles of any and all motion pictures produced hereunder: “Based on the life of
________________”. Owner shall be entitled to an endroll screen credit in connection with
consulting services performed hereunder, the form and placement of which shall be at Producer’s
discretion. Inadvertent failure by Producer to comply with these credit provisions shall not be
deemed a breach of this Agreement. Within a reasonable time after receipt of written notice from
Owner specifying a failure to accord proper credit in accordance with this Paragraph, Producer
shall use good faith efforts to cure prospectively any such failure with regard to positive prints
and/or advertising materials created after the date of Producer’s receipt of such notice. Producer
will contractually obligate third party licensees and subdistributors with whom Producer is in
privity of contract to comply with the credit obligations set forth herein, but shall not be
responsible or liable to Owner for the failure of any such third party to comply with the same.
11. REPRESENTATION AND WARRANTIES
(a) Owner has the right, authority and legal capacity to grant the rights granted to
Producer herein; and
(b) Owner shall not exploit the Life Story in a manner inconsistent with the terms of
this Agreement, specifically, to not sell, license, exploit or transfer any rights in
the Life Story.
12. REMEDIES: Owner recognizes and confirms that in the event of a failure or omission by
Producer constituting a breach of its obligations under this Agreement, whether or not material,
the damage, if any, caused Owner is not irreparable or sufficient to entitle Owner to injunctive or
other equitable relief. Consequently, Owner’s rights and remedies shall be limited to the right, if
any, to obtain damages at law and Owner shall not have any right in such event to terminate or
rescind this Agreement or any of the rights granted to Producer hereunder or to enjoin or restrain
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the development, production, advertising, promotion, distribution, exhibition or exploitation of
the Picture and/or any of Producer’s rights pursuant to this Agreement.
13. MISCELLANEOUS:
(a) Arbitration. Disputes under this Agreement shall be settled pursuant to binding
arbitration under the rules of the Independent Film and Television Alliance
(“IFTA”) in [STATE]. The prevailing party will be entitled to reasonable attorney
fees and costs.
(b) Indemnification. Owner shall indemnify and defend Producer from and against
any and all claims and damages arising from the breach of any representation or
warranty of Owner hereunder to the extent such claim or damage does not arise
out of a breach by Producer hereunder. Producer shall indemnify and defend
Owner from and against any and all claims and damages arising from the
production, distribution, exhibition or exploitation of the Picture, or any element
thereof, to the extent such claim or damage does not arise out of a breach by
Owner hereunder.
(c) Accounting. Producer agrees to keep and maintain complete and accurate books
and records relating to the Picture and the proceeds derived therefrom.
(d) Assignment. Owner may not assign its rights or obligations hereunder. Producer
may freely assign its rights and obligations hereunder.
(e) Choice of Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of [STATE].
(f) Notices. All notices under this Agreement shall be in writing addressed to the
addresses first set forth above, or at such other address as either party may
designate from time to time by written notice to the other. All notices shall be
served by facsimile and US mail, electronic mail, recognized courier services
such as Federal Express or DHL or personal delivery addressed as specified
above. The date of receipt by facsimile, electronic mail or courier, as the case may
be, shall be the date of service of notice.
(g) This agreement may be signed in counterparts. Facsimile and scanned copies shall
be deemed originals for all purposes.
(h) Further Documents. Owner agrees to execute, acknowledge, and deliver to
Producer and to procure the execution, acknowledgment, and delivery to Producer
of any additional documents or instruments that Producer may reasonably require
to effectuate fully and carry out the intent and purposes of this Agreement. If
Owner shall fail to execute and deliver any such documents or other instruments,
within ten (10) calendar days after such documents are delivered to Owner,
LIFE STORY RIGHTS AGREEMENT
THIS AGREEMENT, effective as of _________, ____, is made by and between
________________ [name of producer] (“Producer”) whose address is [PHYSICAL ADDRESS]
and ________________ [name of owner] (“Owner”) whose address is [PHYSICAL ADDRESS]
concerning the Owner’s life story. The following terms and conditions shall apply:
1. DEFINITION OF LIFE STORY: For purposes of this Agreement, “Life Story” shall mean
the irrevocable, exclusive, perpetual and universal rights to use Owner’s name, likeness,
sobriquet, voice, and biography; depict, portray, impersonate or simulate Owner in any way
whatsoever, and make use of all the incidents of Owner’s life preceding, surrounding, following
and otherwise in any way relating to incidents about the Owner’s life that the Producer deems in
its sole discretion necessary or appropriate to produce one or more motion pictures, whether
wholly or partially factual or fictional; and use any and all information and materials in Owner’s
possession or under Owner’s control, which Owner shall, at Producer’s request, disclose and
provide to Producer freely, completely and candidly, in such forms as, without limitation, copies
of any newspapers or magazine clippings, photographs, transcripts, journals, notes, recordings,
home movies, videotapes or other physical materials relating to Owner’s life story and all
Owner’s thoughts, observations, recollections, reactions and experiences surrounding, arising out
of, or concerning all those events, circumstances and activities relating to Owner’s life story (all
the aforementioned rights hereinafter collectively referred to as “Life Story”).
2. GRANT OF OPTION: In consideration of the mutual promises contained herein, and the
payment to Owner of ____________ ($___), receipt and sufficiency of which is hereby
acknowledged, Owner hereby grants to Producer for twelve (12) months from and after the
effective date of this Agreement (the “Option Period”) the exclusive, irrevocable right and option
(the “Option”) to acquire the exclusive rights as set forth in paragraph 5 in and to the Life Story,
as defined above.
3. EXTENSION/EXERCISE OF OPTION: Producer shall have the right to extend the Option
Period for one (1) period of twelve (12) months by sending notice to Owner prior to the
expiration of the previous period, along with an additional payment of _____________ ($____).
Producer may exercise this Option at any time during the Option Period, as it may be extended,
by giving written notice of such exercise to Owner. The sums paid under this Agreement, with
respect to the initial and extended Option Period, shall be credited against the first sums payable
as compensation under the terms of the Compensation clause below. If Producer fails to exercise
this Option, then the sums paid to Owner hereunder shall be and remain the sole property of
Owner.
4. PENDING EXERCISE OF OPTION: Producer shall have the right to prepare screenplays,
budgets, teleplays, treatments or other material, and engage in other customary development and
preproduction activities. It is understood that if the Option is not exercised, Producer shall have
no further right in and to the Life Story, but Producer shall own all rights of every kind in and to
material Producer prepared.
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9. COMPENSATION: As full consideration for all rights, licenses, privileges, waivers and
property herein granted, and for all warranties, representations and covenants herein made by
Owner, Producer agrees to pay Owner as follows:
(a) Guaranteed Compensation: An amount equal to [1½%–2½%] of the final locked
budget of the picture (excluding interest, book completion, bond, and
contingency) with a floor of fifty thousand dollars ($50,000) and a cap of one
hundred and fifty thousand dollars ($150,000), payable upon the earlier of
exercise of the Option or commencement of principal photography of the first
motion picture produced hereunder.
(b) Remakes and Sequels: In the event Producer, or a successorininterest, produces
any sequel and/or remake feature motion picture based on the first motion picture
produced hereunder, Owner will be paid an amount equal to fifty percent (50%)
of the amounts payable to Owner pursuant to the paragraph above in connection
with each such sequel and/or remake.
10. CREDITS: The Owner shall be entitled to receive the following screen credit in the main
titles of any and all motion pictures produced hereunder: “Based on the life of
________________”. Owner shall be entitled to an endroll screen credit in connection with
consulting services performed hereunder, the form and placement of which shall be at Producer’s
discretion. Inadvertent failure by Producer to comply with these credit provisions shall not be
deemed a breach of this Agreement. Within a reasonable time after receipt of written notice from
Owner specifying a failure to accord proper credit in accordance with this Paragraph, Producer
shall use good faith efforts to cure prospectively any such failure with regard to positive prints
and/or advertising materials created after the date of Producer’s receipt of such notice. Producer
will contractually obligate third party licensees and subdistributors with whom Producer is in
privity of contract to comply with the credit obligations set forth herein, but shall not be
responsible or liable to Owner for the failure of any such third party to comply with the same.
11. REPRESENTATION AND WARRANTIES
(a) Owner has the right, authority and legal capacity to grant the rights granted to
Producer herein; and
(b) Owner shall not exploit the Life Story in a manner inconsistent with the terms of
this Agreement, specifically, to not sell, license, exploit or transfer any rights in
the Life Story.
12. REMEDIES: Owner recognizes and confirms that in the event of a failure or omission by
Producer constituting a breach of its obligations under this Agreement, whether or not material,
the damage, if any, caused Owner is not irreparable or sufficient to entitle Owner to injunctive or
other equitable relief. Consequently, Owner’s rights and remedies shall be limited to the right, if
any, to obtain damages at law and Owner shall not have any right in such event to terminate or
rescind this Agreement or any of the rights granted to Producer hereunder or to enjoin or restrain
Page 5
the development, production, advertising, promotion, distribution, exhibition or exploitation of
the Picture and/or any of Producer’s rights pursuant to this Agreement.
13. MISCELLANEOUS:
(a) Arbitration. Disputes under this Agreement shall be settled pursuant to binding
arbitration under the rules of the Independent Film and Television Alliance
(“IFTA”) in [STATE]. The prevailing party will be entitled to reasonable attorney
fees and costs.
(b) Indemnification. Owner shall indemnify and defend Producer from and against
any and all claims and damages arising from the breach of any representation or
warranty of Owner hereunder to the extent such claim or damage does not arise
out of a breach by Producer hereunder. Producer shall indemnify and defend
Owner from and against any and all claims and damages arising from the
production, distribution, exhibition or exploitation of the Picture, or any element
thereof, to the extent such claim or damage does not arise out of a breach by
Owner hereunder.
(c) Accounting. Producer agrees to keep and maintain complete and accurate books
and records relating to the Picture and the proceeds derived therefrom.
(d) Assignment. Owner may not assign its rights or obligations hereunder. Producer
may freely assign its rights and obligations hereunder.
(e) Choice of Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of [STATE].
(f) Notices. All notices under this Agreement shall be in writing addressed to the
addresses first set forth above, or at such other address as either party may
designate from time to time by written notice to the other. All notices shall be
served by facsimile and US mail, electronic mail, recognized courier services
such as Federal Express or DHL or personal delivery addressed as specified
above. The date of receipt by facsimile, electronic mail or courier, as the case may
be, shall be the date of service of notice.
(g) This agreement may be signed in counterparts. Facsimile and scanned copies shall
be deemed originals for all purposes.
(h) Further Documents. Owner agrees to execute, acknowledge, and deliver to
Producer and to procure the execution, acknowledgment, and delivery to Producer
of any additional documents or instruments that Producer may reasonably require
to effectuate fully and carry out the intent and purposes of this Agreement. If
Owner shall fail to execute and deliver any such documents or other instruments,
within ten (10) calendar days after such documents are delivered to Owner,
